What will happen to your property in divorce?

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On behalf of Rubinstein, Holz & King, P.A. on Wednesday, September 5, 2018.

If you are facing the prospect of divorce, you may have serious concerns over what will happen to your personal property and assets. It is normal to have concerns over your stuff when a marriage ends, and it can be helpful to understand how property division works and what you can do to protect your interests. You also have the right to fight to keep certain assets and pursue a specific outcome to your property division order.

The way property division works in divorce depends on various factors, but all marital property is subject to division. It is smart to know what qualifies as marital property and what is separate. The process of dividing marital assets can be complex and sensitive, but you do not have to walk through it alone.

Common concerns about property division

You have the right to seek answers and information regarding your property division concerns. It can be helpful for you to understand the following facts about how this process works and what you can do to shield your rights and interests:

Florida is an equitable distribution state. This means a divorce will require equitable but not necessarily equal division of marital property between the spouses.

A judge may have to decide what counts as marital property, but it may be possible for you and your spouse to negotiate an out-of-court-agreement on your own.

What will happen to your house depends on your individual circumstances. It is important to consider the financial ramifications of retaining certain assets, such as increase in taxes and ability to make payments.

Divorce is a difficult process, and it is easy to allow emotions to drive your decisions. However, this can lead to final orders that are not actually beneficial or practical. It is smart to think about your future and your long-term interests.

Thinking about your future

The goal of your property order should be to allow you to have a strong and prosperous post-divorce future. Whether you believe your spouse is hiding assets or you are worried about complex assets, such as a family-owned business, you would be wise to seek an explanation of how to fight for an order that is fair, reasonable and smart.

Thinking about your future can be difficult, especially during divorce. Before you agreement to a property division settlement or make any choices that could impact your future, it is smart to first seek a complete evaluation of your case.

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Rubinstein, Holz & King, P.A., based in Fort Myers, Florida, provides skilled family law representation to clients in Fort Myers, North Fort Myers and Cape Coral, and surrounding areas of Lee County, Charlotte County, Hendry County and Glades County.